| Speaking of the insurance contract law as a whole, it takes the even of benefits as its universal value pursue. But because the insurance has its nature of technical, coincidental, as well as it involves lucky, the practice of concrete rule often attacks the benefit balance value and hinders its realization. The legal relieve system of insurance contract intervene insurance contract potency forcefully, It entitles the insurer to relieve the contract under legal condition, it carries on the debugging and rectifies to the unbalanced benefit pattern, thus completes the "second processing" to fair. However, legal relieves also must have its applicable scope. If leaves free the insurer to use its superiority status, to terminates a contract because of any slight misbehavior of the insured or any slight change of the objective dangerous. It will not only caused the insured to lose the anticipation benefit of signing the insurance contract and lost the risk safeguard, but also it will destroyed the basic order which maintenance the security of insurance transaction, indirectly affected insurer's image and the steady operation of insurance. Therefore, regarding the insurer, the function of "bestow the power" and "limits the power" of legal relieves system of the insurance contract develops simultaneously. But under the condition that modern insurance transaction expends day by day. Based on the insurer's control of the insured, the insurance legislation must have the discrete manner as heavy legally to construct the construction insurance contract take "the right limit" to relieve the system. The insurance legislation must be discrete and emphases "the right limit" to reconstruct the legal relieve system of insurance contract.This article use the method of social legal science, comparative law, legal economic, value analysis and so on to inspect the related rules of legal relieves system of insurance contract comprehensively. And it attempts to puts forward the proposal to the judicial practice and the legislation revision. The whole text divides into six chapters besides the introductory. The introductory mainly display the basic reason of selecting this topic, the way of research and the research method, and carry on the commentary and present situation to domestic and foreign research of this question.The first chapter: research on the general issues of statutory dissolution of insurance contract. Contrary to the general contract, insurance contract has special natures, which decide on the special institution of statutory dissolution. It provides remedial treatment to maintain the benefit of the insurer. From the aspect of historical development the legal relieve system of insurance contract experienced a developing process---from giving the insurer the maximum relieve power to limit the relieve power of the insurer to exercising special protect to the policy holder. In respect of the relative institutions, statutory dissolution of insurance contract has its right status.The second chapter; research on the statutory dissolution of insurance contract based on the honest credit and the price balance theory. Thus, we should take the good faith principle as the theoretical analysis tool of insurance law standard. The legal relieves system of insurance contract not only take the honest credit as its theory support, restrains the bilateral litigants' behavior, revises the unfair transaction result, but also establish good market credit order through the institutional utilization of good faith principle, and it will do further promotion to the realization of honest credit of the insurance market. "Balanced to the price " is the basic idea of insurance transaction, is the concrete manifests of fairness of insurance transaction. The legal relieves system of insurance contract adjust the"unbalanced price"through depriving the benefit which the litigant gains, this is also exactly the power boundary that the insurer exercises legally relieves the contract.The third chapter; decide and analyze the reason that the legal relieve system of insurance contract exists under the vision of jurisprudence field and conducts the type research to it. Theoretically we can divide the"relieve reason"in to two types; relieve because of violation of the informing duty before contract is singed.; the changes of circumstances (degree of hazard increases) .as well as the violation of other contract duties (not to pay or delay to pays insurance premium, be negligent to fulfilling safe maintenance duty, intentionally makes the insurance contract accident). In the scope of the inform duty, the important standard, the inquiry rule and exception of the inform duty is the key aspect. To make decisions Inform duty includes not telling the truest, namely by tell by mistake or tell wrong. And it also includes"should inform but does not inform", namely conceals and omission. According to the"subjectively decide the responsibility"principle, the violation of duty to also must inspect the subjective psychological condition. Remarkabilit, endurance and unestimatable nature together constitutes the standard of the degree that hazard increases. Adjust the"price unbalanced"condition according to the standard that the discrimination subjective danger increase and the objective danger increases to the insurance contract , and causes more disadvantageous legal consequence to the insurer because of his own mistake.The fourth chapter, analyze the character, function and the related rule of the legal relieve power of insurance contract. The exercising of legal relieves power is the main way to realize the function of legal relieves system of the insurance contract .Legal relieves power should be diverse, it is not only a kind of authorization standard, but also a kind of formation power that has the property request content. In the aspect that excurse the power can avoid the responsibility of the insurer, legal relieves the power is also the insurer'contradicts right. Legal relieve power agree with the intrinsic value. of insurance law , and that laid its rational foundation .The insurer has the responsibility of advocating his own rights by legal proceeding and the related rule while he has the rights to relieve the contract. Specially speaking, we must consume the exercises counterpart, exercises way to increase its operationally. As to the exercises period, it has two kinds of different processing rules; the one standard and the double standard .To prevent the insurer to abuses legally relieves power, the anti-rules of legal relieves power are especially essential.The fifth chapter; analysis the legal effect and legal relief mechanism of legal relieve system of insurance contract. Inspecting the legislation of various countries, they are different in the question of traces potency of legal relieves. Promulgates the oversight of the approval theory, the denial theory and the compromised theory in our countries insurance theory. And then proposed that, we should take in consideration the different nature of different insurance contract in the different danger own insurance contract, the effective protect of the litigant's benefit, the judgment of the overall social effect ,and so on. Based on these factors we should be different in the question of trace potency of"loss compensates insurance contract"and the"fixed quantity pays insurance contract"; And according to the insurance contract and determine whether the legal relieves of insurance contract have the potency to trace according to whether the insurer has a mistake. The premium returns of insurance is the creation result of the trace potency question; Based on the particularity of the insurance profession and the insurance management, in the situation that the insurer break a contract , the scope of compensation to the trusts benefit is supposed to be the strictly defined.The sixth chapter; make appraise and propose consummate suggestion to the legal relieves system of insurance contract of our country. For the reasonable construction of legally relieve system of insurance contract, from the macroscopic aspect, we must persist in the"balanced to the price" principle of insurance exchange, set up the idea that the holder's benefit is supreme, the legal relieves of insurance contract has dual effect ; "bestow the power" and "the limit the power ".Through the design of the exercises of legal relieving rules, the effect of this system and so on the urges the litigant to initiatively fulfill the honest and credit duty. From the microscopic aspect, proposes the pointed solution of the disorder of the reason of legal relieves, the incomprehensively of the fulfill of the duty, the fuzzy of the standard of the duty's fulfillment the in differentiate of psychology condition of the body who fulfills the contract, the neglect ion of the exception rules and the exceptional case; the integrity of legal relieves exercising rules; the short of anti- actually rule ; the unclear of the right and duty between the litigant after legally relieves.In summary, the theory contribution of the full text lies in:1. Through analyzing the honest credit and the price balance theory, proves that the compulsory rule is the objective need of the legal relieves system of insurance contract in the pursuit of fair in insurance transaction. The legal relieve system without doubt provide the powerful governmental relief to the insurer by bestowing the power, but in the modern insurance industry that the insurer has strong strength to control the weak the policy holder, the rules of legal relieves must consider more about the policy holder, expanse the utilizes of its reverse function to limit the insurer to abuse the power. 2. It builds up a more reasonable and feasible legal relieves system of insurance contract framework. In this system, decide and analyze the reason that the legal relieve system of insurance contract exists under the vision of jurisprudence field and conducts the type research to it, clear up the excising rule of legal relieves, realize the deep understanding; to the phenomenon of legal relieves of contract in insurance, which is especially important, this article takes the psychological condition of the insurer as the cutting point to design the traces potency of legal relieves individually.3. Propose my own view on some basic questions of the legal relieves of .insurance contract. (1)The termination strength of right-- duty relations which an effective insurance contract originally decided is rooted in the insurance contract potency, namely is concerned the benefit balance of the litigant. The insurance contract the damage of benefit balance is the boundary of the insurer to exercises the legal relieves. (2) the goal that human society establishes the legal system by no means merely standard people's illegal behavior, which is more important, is that it can directs people's behavior on the normal track through the legal rule supposed in advance. Through the design of the exercise rule and legal potency of legal relieves of the insurance contract, we can urges all the litigant initiatively fulfill the honest and credit duty, realizes the fairness of the insures market .4. Attempt to reach the legal potency of legal relieves of the insurance contract using the economic analysis. In the view of economic law, the design of the effect of legal relieves system of insurance contract the most important function lies in that it take the efficiency as the standard of behavior choice. This system drives the policy holder to violet a contract by the cost - income equality Compared with penalty, effective drive can do more to suppress insures'litigant's opportunism behavior, and it is more suitable to establish a benign and harmonious relationship between the legal system and the human nature, thus reduces the cost of legal exercise display the high efficiency of legal system .more effectively.
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